General Terms and Conditions of Use of the "UrbanTracker" Application

Effective from 07/06/2019

1. Identification of the Owner of the App

1.1. Stetel Things S.r.l. (Tax ID and VAT number 01883420497) with registered office in Via di Franco 9, Livorno (LI) 57123, Italy, registered in the Livorno Business Register under number LI-205220, share capital of € 100,000.00, telephone number +39 0586 210340, email address , ("Stetel Things"), is the manufacturer of the UrbanTracker, a small integrated electronic device with an integrated SIM of M2M type that allows the Geolocation in space and time of the object in which / on which it is placed ("UrbanTracker" or "Product").

1.2. Stetel Things is the owner of the registered trademark "UrbanTracker" ("Trademark") and of the site https://www.urbantracker.com/ ("Website"). Stetel Things is the owner of the "UrbanTracker" Application ("App" or "UrbanTracker App"). Through the App, Stetel Things intends to offer the user who downloads the App ("User"), a Geolocation service of the Urban Tracker ("Geolocation Service"), described in paragraph 4 below.

1.3. Any communication sent to the App and / or received by the App is considered executed and / or received by Stetel Things.

1.4. The User fully accepts the contents of these General Terms and Conditions of Use of the Application ("GTU of the App"), which are made available to him/her, before downloading, on Google Play Store and Apple Store, and, after downloading , in the section of the App "General Terms of Use". Any changes will be effective from the time of their publication in this section.

2. Download the UrbanTracker App

2.1. The UrbanTracker App can be downloaded for free from the Apple App Store, for iOS devices, and on the Google Play Store for Android devices. The UrbanTracker App is available in Italian and English.

2.2. The App can be installed on every smartphone compatible with the following features: for iPhone, the App requires iOS 10 or later; for Android devices, the App requires a smartphone with a version of the operating system from 4.4 and above, and with Google Services installed (hereinafter the above-mentioned iOS and Android compatible devices are indicated indiscriminately as "Device" or "Devices" ). In order to download the App, to be able to use the functions offered by the service and to perform the Pairing function, the Device must be connected to the Internet, through any data connection mode (eg: GPRS, 3G, LTE, WIFI).

2.3. The UrbanTracker App is available on the Apple App Store platforms and Google Play. At the time of installation of the App on the Device, the User acknowledges and agrees, in a legally binding manner, the General Conditions of the Stetel Things Geolocation Service, available at www.urbantracker.com/terms-and-conditions.html ("Service T&C"), that are governing the provision of the Geolocation Service offered by Stetel Things. At the same time, the User understands and acknowledges that the T&Cs of the Service are not part of any agreement between Stetel Things and the Apple App Store, the Google Play by Google and / or third party platforms.

2.4. The User acknowledges and agrees that the compliance with the Terms and Conditions governing the downloading of applications from any "App Store" represents an obligation established exclusively between the User and the App Store from which the App was downloaded and does not include in any way Stetel Things and any of its products.

2.5. The App is subject, in addition to these GTU (this document), also to the terms and conditions of the agreement concluded by the User with the store provider from which the App was downloaded (Apple's App Store or Google Play). Please note that where the App has been downloaded from the Apple App Store, the relevant End User License Agreement for the Licensed Applications ("EULA Standard") is also Applicable. It should be noted that these conditions and terms of the use of the App are harmonized with the Apple EULA Standard mentioned above which remains valid and effective, except in any parts where it is in conflict with these terms and conditions of use. The agreements stipulated with the legal owner of the aforementioned stores and those between the Stores' providers and App developers can be consulted on Apple's websites (https://developer.apple.com/terms) and Google (https://play.google.com/intl/ALL_it/about/developer-distribution-agreement.html) and / or directly on the relevant app stores.

2.5. The App is subject, in addition to these GTU (this document), also to the terms and conditions of the agreement concluded by the User with the store provider from which the App was downloaded (Apple's App Store or Google Play). Please note that where the App has been downloaded from the Apple App Store, the relevant End User License Agreement for the Licensed Applications ("EULA Standard") is also Applicable. It should be noted that these conditions and terms of the use of the App are harmonized with the Apple EULA Standard mentioned above which remains valid and effective, except in any parts where it is in conflict with these terms and conditions of use. The agreements stipulated with the legal owner of the aforementioned stores and those between the Stores' providers and App developers can be consulted on Apple's websites (https://developer.apple.com/terms) and Google (https: // play.google.com/intl/ALL_en/about/developer-distribution-agreement.html) and / or directly on the relevant app stores.

3. Minimum age requirements

3.1. The download and use of the App are allowed only to subjects who conform to the definition of "consumers" and only if they are at least 18 years old. The installation and use of the App are therefore prohibited for minors.

4. Functions

4.1. The App allows the User to send a command, or a sequence of commands, ("Geolocation Request" or "Geolocation Requests") on its Device in order to obtain a contextual representation of the geographical position of the Urban Tracker and the object in which / on which the Product is attached.

4.2. In order to use the Geolocation Service, the User must first conclude a unique pairing process ("Pairing") between its Device and the UrbanTracker, allowing the App to be able to send Geolocation Requests in order to identify correctly the position of the object with which the Product was coupled.

4.3. The functions through which the UrbanTracker App allows the use of the Product and of the Geolocation Service are:

i. Ready: when configured in this mode, UrbanTracker can receive a Geolocation Request from the User via the App and send its Geolocation back to the Device

ii. Motion alarm: when configured in this mode, UrbanTracker activates an internal sensor that is able to detect when it is shacked or moved from its original position. When a movement is detected, the Product sends an alarm message and the Geolocation to the User Device.

iii. Tracking: when configured in this mode, UrbanTracker sends to the User Device a sequence of Geolocations detected at regular time intervals (configurable by the User); the UrbanTracker App is therefore able to draw a map of the movement of the Product.

iv. Flight mode: when configured in this mode, UrbanTracker turns off all radio transmission circuits and enters a Stand-by state. At regular intervals, UrbanTracker awakens to check, via its sensors, whether it is in flight or not. When UrbanTracker verifies that it is no longer in flight, it reactivates the radio transmission circuits and sends the Geolocation of the UrbanTracker to the user.

v. Off: enabling this mode, the User is able to remotely turn off the Product remotely. Once turned off, it is no longer possible to use UrbanTracker via the App but it is necessary to physically switch on the Product before it can be used again. This situation is also described in the UrbanTracker user manual.

4.4. With the "Update" option it is possible to download and send the updated firmware from the user's Smartphone directly to the Product via a direct WiFi connection. For this purpose it is necessary to have previously activated the WiFi connection on the paired device. While executing the firmware update, the Device temporarily disconnects from the internet and connects via WiFi to the Urban Tracker. During the update process it is important to not turn off or disconnect the Product and / or the Device.

4.5. The User can use the Geolocation Service only after having executed the Association between UrbanTracker and the Device (paring), as the mere download of the App is not sufficient to activate the service.

4.6. If the User intends to receive push notifications related to the status and position of the Product - these are configured based on the chosen operating mode (Ready, Motion alarm, Tracking) - as well as notifications related to the availability of a new software update or to other features of the App, the User must enable the App to manage push notifications, giving consent during the App installation process or by accessing the standard device configuration functions.

5. Uninstalling the UrbanTracker App. Cancellation of UrbanTracker.

5.1. The User can uninstall the App at any time, through the normal procedures provided by the operating system of the Device.

5.2. The User who wants to delete an UrbanTracker that he previously associated with the App must: select the "Delete Tracker" item on the menu and click "Yes"

5.3. The uninstallation of the App involves the deletion of all the data contained in the App and that are resident on the Device; that with the exception of the ID of the phone that is stored in order to allow the User to view again the history of Geolocations from the back-end server of Stetel Things should he/she decide to reinstall the App and perform Pairing with the same UrbanTracker again.

5.4. If the User changes Device, he can make a new Pairing with his UrbanTracker:

i. the User must first cancel the Product from the previous Device;

ii. the User must first execute the factory reset procedure of the UrbanTracker as indicated in the instructions for the use of the Product.

5.5. The User acknowledges and agrees that execution of a new Pairing will result in the loss of the Geolocation Service history as the Product will be configured with a new internal "ID".

6. Inability to use the Product. Inability to use the device

6.1. In the event that the Urban Tracker is no longer used / usable (eg loss, theft, etc.), the User can proceed with the deletion of the Product from the Device using the "Delete Tracker" function available in the App. The User declares to be aware and to accept that Stetel Things cannot be held responsible for the damages that the User may suffer if he/she does not request the timely cancellation of the Product, in the manner described above in art. 5.

6.2. In the event that the Device is no longer used / usable, the User who intends to proceed with the association with a new Device is required to restore the Product's factory settings ("Factory Reset") following the instructions contained in the UrbanTracker user manual. The Factory Reset will result in the loss of the Geolocation Service history and the creation of a new Product ID, thus eliminating any UrbanTracker logical connection with the old Device. The User declares to be aware and to accept that Stetel Things cannot be held responsible for damages that the User may suffer if the Factory Reset is not promptly executed.

7. License for free use and intellectual property rights

7.1. Stetel Things is the creator and author, pursuant to Law 22 April 1941, n. 633 and subsequent amendments ("Copyright Law") of the Italian Legislation, of the App; Stetel Things is therefore the exclusive owner of intellectual and industrial property rights related to the App. Stetel Things grants the User a free, limited and non-exclusive license to install and use the App within the limits set by the GTU and, in any case exclusively for personal purposes.

7.2. The registered trademark "UrbanTracker" is the exclusive property of Stetel Things. The User does not hold any license and / or other right that allows the use of the trademark.

7.3. The User undertakes to:

i. not to reproduce, duplicate, copy, sell, negotiate, resell or use the UrbanTracker App, in whole or in part, for commercial purposes;

ii. not to modify, create works derived from the source code, decompile, disassemble or attempt in any other way to perform works of reverse engineering and / or in any case to retrieve the source code of the App;

iii. not copy, modify or alter in any way, in whole or in part, the licensed Stetel Things software;

iv. not transfer, distribute or rent the Stetel Things Software or Geolocation Service to any third party;

v. not sell, sub-license or otherwise transfer any rights related to the App, unless such activity is provided in compliance with specific legal obligations;

vi. use the App in accordance with current legislation, the present GTU of the App and in compliance with the rights of Stetel Things.

8. User declarations and indemnities

8.1. The User declares to be aware and to accept that the App is licensed and not sold. The use of the App by the User is under the responsibility and at the risk of the User himself.

8.2. The User therefore acknowledges and accepts that:

i. the Application is licensed and not sold;

ii. the use of the Application by the User is the responsibility and risk of the User;

iii. The User agrees to hold Stetel Things, as well as its representatives, managers, employees and collaborators, free and harmless from any damage, including any sanctions imposed by the competent authorities and any legal costs and legal advice, which may derive from a use of the App by the User not in accordance with current legislation and the present GTU.

9. Exclusion of liability for force majeure or unforeseeable circumstances

9.1. Stetel Things will not be liable in case of delays, malfunctions and / or interruptions of the App's activity caused by force majeure or unforeseeable circumstances, interruption of the supply of the electricity service, lack of connectivity, software errors, hardware failure, problems with databases, malfunctions, failure to provide pages and / or positions (Geolocations), and, in general, malfunctions of the App that are not attributable to intent and / or gross negligence of Stetel Things and / or that are attributable to a third party, including the User and / or any suppliers contracted by Stetel.

10. Communications

10.1. The User may request from Stetel Things information, send communications or make complaints using the following contact details:

i. by email, at

ii. by mail, writing to Stetel Things, via di Franco 9, 57123 Livorno - Italy

11. Applicable law and competent court; Out of court settlement of disputes - Alternative Dispute Resolution / Online Dispute Resolution

11.1. This license to use is governed by Italian law.

11.2. For any dispute relating to the interpretation, application or execution of these GTU of the Service, the competent court is the court of the place where the User resides or has elected domicile.

11.3. According to the art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n. 206 ("Codice del Consumo") of the Italian Legislation, Stetel Things informs the User who is a consumer pursuant to art. 3, paragraph 1, lett. a) of the Codice del Consumo, which, in the event that he has submitted a complaint directly to Stetel Things, after which it has not been possible, however, to resolve the dispute thus arisen, Stetel Things will provide information on the body or Alternative Dispute Resolution bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Terms and Conditions of Sale (cc.dd. ADR bodies, as indicated in articles 141-bis and following the Consumer Code of the Italain Legislation), specifying whether it intends to make use of such bodies to resolve the dispute. Stetel Things also informs the User who is a consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, which established a European platform for the online resolution of consumer disputes (so called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer can consult the list of ADR entities, find the link to the site of each of them and start an online resolution procedure for the dispute in which they are involved. In any case, the User has the right to appeal to the competent ordinary judge for the dispute deriving from the present GTU of the App, whatever the outcome of the procedure for out-of-court settlement, as well as the possibility, if the conditions exist, to promote an out-of-court resolution of disputes related to consumer relations by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code. For any dispute concerning the application, execution and interpretation of the present GTU of the App, the User who resides in a member state of the European Union other than Italy can also access the European procedure instituted for small claims, from Regulation (EC) n. 861/2007 of the Council, of 11 July 2007, as amended by Regulation (EU) 2015/2421 of 16 December 2015, before the competent judicial body, provided that the value of the dispute does not exceed, excluding interest, the fees and charges, Euro 5,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.